Dáil debates
Wednesday, 16 January 2019
Saincheisteanna Tráthúla - Topical Issue Debate
International Conventions
2:35 pm
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The sexual abuse and exploitation of children is one of the most serious and pernicious problems that any society faces. Unfortunately, with the development of the Internet, that problem is being further aggravated. We are now aware there is a serious problem with the Internet being used by criminals for the purpose of the sexual abuse and exploitation of children. The Topical Issue matter that I raise concerns two of the international conventions that Ireland has signed to protect children from abuse on the Internet, but which we have not ratified. I refer in particular to the Budapest Convention, signed in 2001, and the Lanzarote Convention, signed in 2007, which have yet to be ratified by the State. These instruments should be ratified.
There are ways of dealing with the abuse and exploitation of children on the Internet, but that can be done only through international co-operation. A number of international agreements seek to deal with the issue. On the most general basis, there is the United Nations Convention on the Rights of the Child, which establishes the right of children to be free from abuse and exploitation. Since then, a number of conventions have been signed and brought in by the EU and the Council of Europe. I refer again refer to the Budapest Convention on Cybercrime, which was signed in 2001, and the Lanzarote Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. Ireland has signed both of these conventions but has ratified neither. This will not come as a surprise to the Minister or the Government because Dr. Geoffrey Shannon, the special rapporteur on the protection of children, brought this expressly to the attention of the Government - lest it needed to be brought - in his report of 2014 in which he stated:
Ireland has signed both Conventions, but has ratified neither. In order to ensure the highest standards of protection for children, and the highest level of international cooperation in this area, it is imperative that both Conventions are ratified without reservation.
This is what the Special Rapporteur on Child Protection said in 2014 and regrettably Ireland is still in a situation where the Government has ratified neither of those conventions.
It is important to be aware of what the conventions expressly provide for. The Budapest convention deals specifically with individual actions of production, possession, distribution and solicitation of child abuse images. It does not deal with the issues of grooming or soliciting a child to engage in activity that could facilitate the production of pornographic material but it provides very important requirements for states to introduce to protect children.
The more recent Lanzarote convention was signed in 2007 and deals specifically with the issue of child pornography. In a development of the Budapest convention, this convention stipulates that member states must criminalise the intentional act of "knowingly obtaining access, through information and communication technologies, to child pornography". The explanatory report to the convention clarifies that this is "intended to catch those who view child images online by accessing child pornography sites but without downloading and who cannot therefore be caught under the offence of procuring or possession in some jurisdictions". Those conventions were signed, respectively, 18 years and 12 years ago. The Government has not ratified them. I am pleased the Minister for Justice and Equality, Deputy Charles Flanagan, is in the Chamber to take this matter. It is such an important issue that it demands his presence. I want an answer from the Government as to when these crucial conventions will be ratified by Ireland.
2:45 pm
Charles Flanagan (Laois, Fine Gael)
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I thank the Deputy for raising this issue on these two important conventions. I will first provide an update on ratification of the cybercrime convention, otherwise known as the Budapest convention, which Ireland signed in 2002. Much work has been done on implementing the provisions of the convention in the meantime. I acknowledge some unforeseen delays along the way, but these were largely reflective of developments at European level. The vast majority of the provisions in the cybercrime convention are provided for in Irish law. The Deputy will be aware that it is necessary to give effect to legal provisions in international instruments in national law before the ratification process can be finalised. The most significant development towards ratification of the Budapest convention was the enactment in 2017 of the first Bill in this jurisdiction specifically dedicated to dealing with cybercrime. The Criminal Justice (Offences Relating to Information Systems) Act 2017 gave effect to an EU directive on attacks against information systems. The key provisions of the directive mirror the key provisions of the cybercrime convention. The new legislation, therefore, also gives effect to provisions of the convention relating to offences against information systems and their data, and search and seizure powers in respect of such data. It was originally intended that this legislation would also cover any other outstanding elements of the convention - mainly relating to production orders for computer data and subscriber information - but that was not possible due to an imminent transposition date for the EU directive.
I am pleased to inform the Deputy that the current Government legislative programme makes provision for the drafting of a new cybercrime Bill to give effect to those remaining provisions of the cybercrime convention not provided for in our national law in order. This is to ensure that we can ratify the Budapest convention. A new area of responsibility for cybercrime has been established within my Department and one of the key priorities of this new area is to progress ratification of the convention. Officials recently attended a meeting of the cybercrime convention committee in Strasbourg and held discussions with the Council of Europe secretariat to progress outstanding issues for Ireland in respect of the Budapest convention.
I turn now to the Lanzarote convention, signed by Ireland in October 2007. Significant progress has been made towards ensuring that Ireland is in a position to ratify this convention. The Criminal Justice (Sexual Offences) Act 2017 has been enacted, Part 2 of which strengthens the law relating to the sexual exploitation of children, including child pornography, and criminalises the use of information and communication technology to facilitate such exploitation. This legislation ensures the State’s compliance with criminal law provisions in the convention. My Department has carried out a detailed review of compliance with regard to other elements of the convention, in consultation with the Department of Children and Youth Affairs and other stakeholders such as An Garda Síochána and the HSE. Information was sought regarding the child protection, prevention and victim support aspects of the convention. While the Department now has most of the information required for ratification, some stakeholder work is still required to ensure that Ireland is fully compliant in all areas of the convention. Once that work has been completed, and the Office of the Attorney General has been consulted, I assure the Deputy that steps towards formal ratification can be taken. I trust that the significant progress made in the lifetime of this Administration, not least through enactment of recent legislation, strongly demonstrates this Government’s commitment to ratification by Ireland of these two important international treaties.
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I cannot accept that. The Budapest convention was signed 17 years ago and the Minister has said that much work has been done on it. He cannot, however, give a date as to when Ireland is going to ratify the convention. We are aware that certain steps have been made in respect of it and that it has been partly implemented in domestic law, but that is still not an answer to the plea made by Dr. Geoffrey Shannon in 2014 that the conventions be ratified. It is not as though the Department or the Government have not been put on notice of the failing of the State to ensure the provisions are implemented so this important convention can be ratified.
On the Lanzarote convention, which was signed 12 years ago, the Minister said that "significant progress has been made" but, again, we have not been given an indication as to when we are going to have full ratification of this crucial legislation. When one considers the Lanzarote convention one will note there is a significant number of important provisions contained within it that we have to ensure we bring into our legislative scheme. We need to recognise that the creation of images of non-existent children contributes to the sexual objectification of children. I am aware that this is a complex area, but it has to be dealt with under the Lanzarote convention. I regret that it is an area the Government has not yet dealt with. I am conscious that the Taoiseach, Deputy Leo Varadkar's Government has been in place for nearly two years, but Fine Gael has been in power since 2011. During the eight-year period between 2011 and 2019, the Government has had significant time to do work in respect of both of these crucial conventions to ensure they had been ratified and to ensure that the provisions required under the conventions had been fully transposed into domestic law. That has not been done. I ask the Minister once again if he will let the public know when those crucial conventions will be ratified fully in domestic law.
Charles Flanagan (Laois, Fine Gael)
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I listened carefully to what the Deputy said and I agree with him on the importance of the completion of the appropriate legislation to allow for full compliance. He fails, however, to acknowledge the progress that has been made towards ratification of these important international treaties. The Bill to which I referred earlier is, in essence, landmark legislation that was enacted in recent times, which was within the timeframe of this administration. I assure the House of my commitment towards ratification and my recognition of the importance of these two conventions. I look forward to bringing forward further cybercrime legislation that would provide for the outstanding provisions required to ratify the Budapest convention, which is included in the current legislative programme. It is my intention that this legislation will be advanced within my Department and, ultimately, formally drafted by the Office of the Parliamentary Counsel, following work on urgent legislation relating to Brexit and subject to the legislative priorities under which we all work according to the weekly schedule of the Houses.
On the Lanzarote convention, I am keen that the remaining work on the input from relevant stakeholders can be completed as soon as possible to facilitate ratification. I assure the Deputy and the House that I am determined that the long-held aspiration for Ireland to ratify both conventions will become a reality in the not too distant future, thereby building on progress that has been made and bringing to fruition the significant work undertaken by the Government in these areas in recent times.
The legislation is subject to the Dáil timetabling and the priorities in my Department. Deputy O'Callaghan is all too well aware of the pressures involved in drafting legislation. I am committed to ensuring we will have the appropriate legislation to allow for formal ratification at the very earliest opportunity.